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Broadband

European Court of Justice rejects TIM appeal against Infratel fibre tender

Friday 12 July 2019 | 09:47 CET | News
The European Court of Justice has dismissed an appeal by Telecom Italia (TIM) against the award of a tender to build a national high-speed broadband network in digital divide areas to the Open Fiber wholesale-only venture of Italian utility Enel and state lender CDP. TIM had claimed that the tender launched by state-owned infrastructure firm Infratel expressly prohibited the “aggregation” of entities and that Open Fiber was awarded the tender after Enel's activities were merged with those of CDP-owned operator Metroweb.

In reply to a referral from Italy’s Council of State asking whether the award of public tender to a newly-merged company is valid, the EUCJ ruled that Metroweb and Open Fiber (then called Enel OpEn Fiber) didn’t enjoy unjustified advantages with respect to the other bidders and that Open Fiber maintained its “legal and material identity” as an economic operator during the pre-qualification phase. 

Open Fiber has won all three national broadband auctions covering 20 Italian regions and a total of 7,635 digital divide localities. Last month it signed a non-disclosure agreement with TIM to begin negotiations on ways of integrating their networks, including a possible merger.


 



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Categories: Fixed
Companies: Infratel / Metroweb / Open Fiber / Telecom Italia / TIM
Countries: Italy
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